The Scheme of Things

Evening Post, Volume CXXIV, Issue 63, 11 September 1937, Page 19

The Scheme of Things

By M.H.C,

The fact that the British Parliament has at long last made some alterations in the divorce laws of the country no doubt surprised a great number of people. Time and again efforts have been made either by the Government or by private members to get some changes made, and if these were not defeated in the House of Commons the Lords saw to it that nothing was done. Certainly since the Great War there has been a wide consensus of opinion that some changes were necessary to bring the laws into better touch with the times. Few could imagine that they had ever been really satisfactory, there being so many ways in. which.a "coach and horses" could be driven through them by people who wished to combine to make them either just or ineffective. What is more surprising still is that it is so largely due to a private member, Mr. A. P. Herbert, that some of the changes have been made, for, not discouraged by. one definite failure, he catae to the tribunal of the kingdom again, and the second time succeeded. Certainly he did not get all he wanted, but he got a great deal. Those who haye.read his' novel on the subject of divorce realise that he was immensely in earnest, that he had studied the subject well, and that he had well grasped the weaknesses of the law as it stood.

The full text of the Matrimonial Causes Bill, which passed its final stages in the House of Commons so recently, makes interesting reading. The preamble says: "Whereas it is expedient for the true support of marriage, the protection of children, the removal of hardship, the reduction of illicit unions and unseemly litigation, the relief of conscience among the clergy, and the restoration of due respect for the law, that Acts relating to marriage, and divorce be amended, be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in this present Parliament, and by the authority of the same the laws shall be as follows." Then comes first the settling of the three years' interval, and it is provided that no petition shall be presented at the High Court unless at the date of presentation three years shall have passed since the marriage. This was questioned in some of the British papers, but it appeared that Mr. Herbert had the sensible idea that young people should make a definite effort to "get on" matrimonially, and need not expect to get an easy divorce because they had found that they had made an ill considered marriage (often entered into in a most frivolous manner with a grand splash of publicity in the way of photographs and, expensive dressing and entertaining, and celebrated at St. Margaret's or' other "fashionable church with the usual foolish crowd of onlookers). Now they know they must spend some years before they can shake themselves free.' Some exceptions arc made to, this clause providing that if . exceptional circumstances of hardship, cruelty, or depravity are proved against the respondent, the Court may, if it pronounces : a, nisi, do -so""subject /to* the 'condition' that no .application to make the decree absolute mall be made till after the expiration 6t three years from the date.of marriage. This provision re-

lieves the petitioner from cruel or impossible conditions, but does not permit of hasty remarriage. The questions of the possibility of reconciliation, and that of any children of the marriage are dealt with in these clauses.

The. causes for divorce specially mentioned include unfaithfulness, desertion, cruelty, incurably of unsound mind, having been continuously under care and treatment for a period of at least five years immediately preceding the presentation of the petition. Then come some special conditions for wives under which they may appeal, dealing with major criminal offences, unnatural offences, and what is classed under the word "bestiality." The question of lunacy is also well defined, dealing with the cases of what is called "criminal lunacy," as against those cases where people are receiving voluntary treatment. Mr. Herbert in his original Bill had suggested seven years for the establishment of definite lunacy, but Parliament, by general consent, reduced this to five years. The questions of conniving or collusion are dealt with very firmly, and it might be said drastically, making it impossible for some of the former practices in these directions to happen again. Unreasonable delay in presenting the petition, cruelty, and misconduct, either or all would count, provision being made for each. It is provided that.divorce may follow judicial separation uptoh the same or substantially the same facts as those proved in support of the petition for divorce, but the petitioner must again present evidence.

New grounds for nullity are mentioned. There are various clauses protecting the' interests of the parties in any of these cases which seem to toe well considered and humane. Alimony is dealt with exhaustively, and also the interests of children are safeguarded in a. number of definite and necessary^ ways. Summary Jurisdiction Courts are denned which may give present relief to people whose partners have been guilty of misconduct, but these again will not be confirmed till the appointed time.

For the relief of clergy the following subsection is substituted for that in the previous Act: "No clergyman of the Church of England or of the Church in "Wales shall be compelled to solemnise the marriage of any person whose former marriage has been dissolved on any ground and whose former husband or wife is still living, or to permit the marriage of any such person in the church or chapel of which he is the minister." Another interesting provision is this: "Where a wife has' been deserted by her husband, or where he has been deported from the United Kingdom under any law- for the time being in force relating to the deportation of aliens, and the husband was, immediately before the desertion or deportation, domiciled in England or Wales, the Court shall have jurisdiction for the purpose of any proceedings under Part VIII of the principal Act, notwithstanding that the husband has ; changed .his d.biriicile since the desertion or de"p"Srtai'i6n."~-: This--last humane 'provision should react as an immense; relief to deserted; wives in this country should the British. Act be adopted 1 here.